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JUDGMENT: Industrial Court strikes out case against Health Workers Union

His Lordship, Hon. Justice Ikechi Nweneka has struck out the case filed by Federal Area Council [Lagos State] Medical and Health Workers Union of Nigeria and Nine others against Comrade Adeyemi Yusuf, Medical and Health Workers Union of Nigeria and 5 others for Lack of Jurisdiction.

The Court held that parties have bound themselves to exhaust the internal dispute settlement mechanism before resorting to litigation that the constitution of a trade union constitutes a binding contract between the Union and its members.

The claimants via originating summons had sought for declaration amongst others whether, in the light of the constitution of the 3rd Respondent, the purported election held on the 15th day of October 2019 was proper, legal and in accordance with the provision of the said constitution and prayed the Court for An order setting aside all resolution/decisions made at the purported general conference/election held on the 15th October 2019.

Upon receipt of the originating summons, the Respondents counsel, Ahmed Adetola-Kazeem Esq. filed a notice of preliminary objection and a written address urged the court to dismiss the suit for lack of jurisdiction on the grounds that the suit contains disputed facts, that the failure of the Applicants to fulfil the condition precedent stipulated in the Union’s constitution robs the Court of jurisdiction to consider the questions and reliefs sought in the matter.

In opposition to the objection, learned counsel for the Applicants, Idris Abdulkareem Esq argued that the Applicants took adequate steps to settle the dispute amicably before filing the suit, and submitted that there is no substantial dispute of facts between the parties that the constitution of the Medical and Health Workers Union unequivocally states the business to be carried on at the State delegate conference, and the Union did not follow the laid down procedure in its conduct of the State delegate conference urged the Court to dismiss the preliminary objection.

In his Judgment, the presiding Judge, Hon. Justice Ikechi Nweneka held that it is not correct, as contended by learned counsel for the Applicants that the dispute in the case is between branches of the Union and the national body. While, ostensibly, the Applicants are branches of the Union, the 1st and 2nd Respondents – Comrade Adeyemi Yusuf and Comrade Ikechukwu Nwafor are members of the Union, the 3rd Respondent- Medical and Health Workers Union of Nigeria is the Union and 4th to 7th Respondents are branches of the Union under the 1st Applicant- Federal Area Council [Lagos State] Medical and Health Workers Union of Nigeria.

“The fact that the 2nd Respondent is a national officer and the 3rd Respondent is the Union does not convert the dispute as stated on the originating summons to one between branches of the Union and the national body.

“A careful reading of the affidavit in support of the originating summons reveals that there is no allegation of misfeasance against the 3rd Respondent. That is to say, there is no dispute between the Applicants and the 3rd Respondent but the 3rd Respondent is made a party to this suit as the parent Union so that it can be bound by the orders of this Court.

“Clearly, parties have bound themselves to exhaust the internal dispute settlement mechanism before resorting to litigation. It is trite that the constitution of a trade union constitutes a binding contract between the Union and its members.

“For this reason, I agree with learned counsel for the Respondents that compliance with Rule 28 of the constitution is a condition precedent to activation of the jurisdiction of this Court.

“There is no evidence that the Applicants complied with the 3rd Respondent’s internal dispute resolution mechanism.

 

Source: https://www.nicnadr.gov.ng

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